Adverse Possession New York City
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FAQ
A: In New York, if a neighbor encroaches on your property knowingly and without permission for a minimum of ten years, the neighbor can claim ownership of that encroached property (NY RP ACT & PRO § 501).
A fence that encroaches on the boundary line without consent can be removed. Talk out the matter with the neighbor before taking down the fence to come to a mutual agreement and avoid unnecessary legal expenses. Boundary lines must be surveyed to prove that encroachment has taken place.
New York's adverse possession doctrine has been in place for centuries. In certain situations involving adjacent properties, the owner of one property may build something that spills over onto the other property owner's land. They may use the land for years or decades without knowing.
Easements don't expire over time, so there isn't much a property owner could legally do to keep you from using this piece of land. If they've chosen to do so, however, it might be best to let an attorney deal with it. Your case may have to be taken to court if the property owner refuses to remove the easement blockage.